11/15/06


A Work Session of the Clarence Town Board was held on November 15, 2006 at Clarence Town Hall, One Town Place, Clarence, NY.

Supervisor Hallock called the meeting to order at 6:00 P.M. Members of the Town Board present were Council members Scott Bylewski, Joseph Weiss, Bernard Kolber, and Patrick Casilio. Other Town Officials present included Town Attorney Steven Bengart, Senior Building Inspector David Metzger, Director of Community Development James Callahan, Director of Administration and Finance Pam Smith, Town Engineer Joseph Latona and Confidential Secretary to the Supervisor Karen Jurek.

Director of Community Development James Callahan

Public Hearings:

A Public Hearing is scheduled for 7:45 P.M. to consider a Local Law amending The Code of the Town of Clarence Chapter 67 Building Construction and Fire Protection.

Jim's Steakout 5651 Transit Road
A Public Hearing is scheduled for 7:50 P.M. to consider the request for a Temporary Conditional Permit for outside dining at Jim's Steakout at 5651 Transit Road. The proposed site is located on the east side of Transit Road in the former Raymondo's Restaurant just north of Roll Road. The proposed site is located within a commercial classification. Applicant is proposing to utilize the existing outdoor dining area. Hours of operation and out-door music should be addressed.

A Public Hearing is scheduled for 7:55 P.M. to consider a Local Law amending The Code of the Town of Clarence Chapter 193 Subdivision of Land. Eliminating Subsection [F] (3),

Donald Hoch 4125 Transit Road
A Public Hearing is scheduled for 8:00 P.M. to consider the request for a Special Exception Use Permit for an automotive tinting operation at 4125 Transit Road. Applicant is proposing a Change in Use to allow an automotive tinting operation in the existing building. The proposed site is located on the east side of Transit Road, south of Main Street in front of Toys R Us in existing vacant building located in the Major Arterial Zone consisting of .51 acres. There will be no outside display or sale of vehicles. The other half of the store is rented out.

Formal Agenda items:

Greatbatch Inc. /Rock Oak 10000 Wehrle Drive
Applicant is seeking approval for a long range plan for use of the vacant portions of the property and removal of covenants for future development. The proposed site is located on the north side of Wehrle Drive, east of Shisler Road at existing industrial facility located on approximately 325+/- acres zoned Industrial Business Park. The existing deed restrictions on the property will require Town Board approval to allow for future development of the vacant portion of the property.

James Callahan located the resolution from the Town Board that was approved in 1973 when they rezoned the property from Agricultural to Industrial. As a condition of that rezoning a restrictive covenant was filed. Both Councilman Bylewski and Councilman Casilio spoke with assistance of Wilson Greatbatch and Mr. Greatbatch gives his blessing of the overall deal however he did make mention of a oak tree that he would like to see taken care of. Councilman Kolber stated that he has concerns about taking our scarce Industrial Zone and opening it up. James Callahan stated that the proposed site would remain industrial zoned, we would not allow a manufactured home park to be built in that area.

Barry Dulniak 4401 Bryant & Stratton Way
Applicant requests a Change in Use from vacant to indoor entertainment center. Applicant is proposing to operate an indoor entertainment center with bounce houses etc. The proposed site is located on the east side of Bryant & Stratton Way, north of Main Street in existing vacant structure located within the Commercial Zone on 2.5+/- acres. This building formerly housed an indoor skate park. Adequate parking exists on the property to accommodate the proposed use.

St. Mary's RC Church 6925 Transit Road
Applicant requests Concept Review of a proposed new worship hall. The proposed site is located on the southeast corner of Transit and Stahley Road at existing church campus consisting of 20+/- acres zoned Traditional Neighborhood District. The size of the proposed new structure exceeds 10,000 square feet, a Special Exception Use Permit will be required. Areas of concern include impact on adjoining residential uses, parking and wetland/floodplain impacts.

Drake's Lawn & Garden 9570 County Road
Applicant requests a Building Permit and Architectural Approval for construction of a 4,900 sq. foot steel building. The proposed site is located on the north side of County Road, just east of the Goodrich Road intersection at existing business located on approximately 4 acres of land zoned Industrial Business Park.

Dr. Bloom 9095 Main Street
Applicant is requesting Development Plan approval for a proposed second medical office building. The proposed site is located on the south side of Main Street, just west of Barton Road on a 2 acre parcel in the commercial Zoning District. Neighbors have voiced their concerns over lighting on the building and the lack of a significant buffer area. Councilman Kolber suggested moving the second building to the back of the parcel with parking in between the proposed building and the existing building.

Work Session items for consideration December 6, 2006:

Charles Barone 5961 Goodrich Road
Applicant requests a Change-in-Use Permit from vacant to pet grooming and dog/cat Hotel. The proposed site is located across the street from the day care center in the former tailor shop at the four corners in Clarence Center. The parcel measures 35' x 172' in the Traditional Neighborhood Zoning District. Areas of concern include animals, noise and traffic circulation.

Saturn of Clarence – Eastern Hills Mall
Applicant request storage of 150 vehicles for a Special Event behind the Sears store at Eastern Hills Mall from November 16, 2006 through February 28, 2007. Director of Community Development James Callahan asked the applicant to submit a request for a Temporary Conditional Permit for inside the mall.

Town of Clarence Baseball/Softball Association
Applicants are requesting authorization to construct a new facility at the former water department location. Town Attorney Bengart suggested having the contract in place before a building permit is issued.

Supervisor Kathleen Hallock

  • Brittany Sperandeo was introduced at the last Work Session. Brittany sent letters out to people who expressed interest in bike path patrol, neighborhood watch groups etc. Letters were also sent to the Erie County Sheriffs and the NYS Police. There has been a great response and a meeting has been scheduled for Monday, November 20 @ 5:30 P.M.
  • A meeting is scheduled for tomorrow November 16, 2006 at 4:00 P.M. to review the recent disaster response.
  • Supervisor Hallock received a Special Event request from Miles with Missions for a "Take Back the Path 5K Run and Walk" to take place on the bike path. The event will take place August 1, 2007. The applicant has met with the Parks Department to determine the location and will also attend the November 20th meeting.
  • Supervisor Hallock announced that the Bicentennial Committee is looking to place banners on telephone poles around town starting in 2007.
  • The employee Christmas luncheon is tentatively planned for Tuesday, December 19 from noon until 2:00 PM.
  • Supervisor Hallock distributed copies of the 2007 Organization items she and Karen Jurek are working on. She asked that everyone review them and any changes, additions or deletions should be noted.
  • Karen Jurek will send out letters to committee members for reappointment. Councilman Bylewski indicated that he informs his committee assignments to notify him in writing.
  • Supervisor Hallock has a resolution to dissolve the Restricted Hunting and Discharge of Firearms Committee. The committee last met in 2005. They did have a meeting scheduled for this year however they did not have a quorum. Councilman Weiss suggested the committee serve as a subcommittee to the Conservation Advisory Committee. Councilman Kolber would like to hold off until he can contact each committee member and see if they want to be reappointed.
  • Supervisor Hallock has a transfer of funds in the General Fund
  • Supervisor Hallock will make a correction to the minutes.
  • Supervisor Hallock will announce the January 2007 meeting dates: Organizational meeting is scheduled for January 3rd and there will also be a meeting January 17th 2007.
  • Supervisor Hallock will announce that the State of Emergency was lifted effective November 7, 2006.
  • Supervisor Hallock received information from NYS Legislative Commission on Rural Resources about training of Municipal Planning and Zoning Officials. She also received information about wind power. After speaking at a Farmland Protection seminar last week, it was suggested that towns establish laws on wind power. Anyone wanting this information should see the Supervisor.

Councilman Scott Bylewski

  • Anyone that subscribes to cable should have service. If they do not have service yet, they should contact Councilman Bylewski. Low hanging cable will be taken care of within the next couple weeks.
  • Councilman Bylewski received the Building Permit report.
  • The TEQR Committee has recommended Negative Declarations on the Master Plan amendments regarding the adoption of an APF Local Law, the adoption of the Parks and Recreation Master Plan and the adoption of the proposed Historic Preservation Law. They are recommending the Town seek Lead Agency on the proposed amendments to the Zoning Law and finalize the Scope on the proposed Spaulding Green Subdivision. There were certain items that were provided by Spaulding Green basically reiterating what is in SEQR. The next step would be to draft the Environmental Impact Statement to address the items that were raised in the scope: compliance with the Master Plan, impacts on infrastructure/facilities including schools, fire flows, parks, impacts on community character, stream/creek corridor impacts and protections, arboretum compatibility, water quality and quantity impacts, traffic including special attention to several intersections including Goodrich/Greiner, Main/Goodrich, Thompson/Greiner, Roll/Goodrich, Clarence Center/Goodrich.
  • Councilman Bylewski will appoint Susan Smerda and Pamelann Destefano to the Youth Advisory Council.
  • Given the timing, we were not able to act on the NYS Quality Communities grant. Councilman Bylewski suggested getting a letter in writing from the Senior Center indicating that have expressed an interest in a community center.
  • Councilman Bylewski stated that the Town Board received a letter from Paul & Lori Winzenried. The letter will be read into the minutes at the appropriate time when the project is on the agenda.

Councilman Joseph Weiss

  • There was some discussion and a follow-up regarding the fire department budgets. U-Crest Fire Department has1, 600 calls per year. In talking to the fire commissioners there, they indicated that they are down sizing from three pumpers to two pumpers. U-Crest district covers the airport, Galleria Mall, Airport Plaza and many other places. The fire commissioners stated that they were holding the line on their budgets because they are concerned about taxing the residents. Their budget is $500,000 per year.
  • Councilman Weiss commended the Highway Department on the great job they are doing with debris pickup. Residents living on private roads will be last to have pickup, they must sign a waiver form. If they carry the debris out to the town road, the town would be reimbursed from FEMA. Amherst is not picking up debris on private roads.
  • The Conservation Committee had decided to stock the town ponds with bass however there has been an outcry from some people that would like the Main Street pond stocked with trout. It was decided to continue to stock the Main Street Park with some trout as well.
  • There was some discussion regarding the skate park. Councilman Kolber questioned how many people would actually utilize a skate park. The Parks Master Plan calls for three skate parks. Councilman Casilio stated that most 17 year olds are concerned more with cars, sports and other interests. It was further suggested that maybe the skate boarding trend has hit its peak and is winding down. Councilman Weiss has not heard back from the group of interested residents about the design of the park and he suggested that the money that was allotted for the development of the skate park might be better off being utilized for the Community Center that is being discussed. Councilman Weiss stated that for now, the skate park is on hold until we get the results from the Youth Department survey.
  • Councilman Weiss contacted Joe Floss and asked if there was a way to self-insure our fire departments. Mr. Floss will research this.
  • Councilman Weiss spoke to Assistant Director of Community Development James Hartz about forwarding information to Peter Wolf and Joel Radder on projects as they pertain to the Conservation Advisory Council such as water quality or air quality etc.
  • Highway Superintendent Ted Donner is requesting a transfer of funds for over time shifts due to the October 13th storm.
  • Councilman Weiss has a Resolution requesting Erie County Water Authority to install two fire hydrants on Salt Road north from Greiner Road toward Salt Road. The Town will be responsible for appropriate rental fees. Mr. Latona stated that recently, Clarence VFD responded to a fire in a duplex just north of Greiner Road. Clarence had to lay a line 900'. There is a hydrant at the corner of Salt and Greiner Road and approximately 2000 feet to the north is the next hydrant. There has been development occur along that line and it is time to add more fire hydrants.
  • Councilman Weiss has one item to discuss in Executive Session.
  • Councilman Weiss will announce that all debris will be picked up until December 1st weather permitting. After that, the next priority the highway department will be cleaning out the creeks and streams. The first priority was to get the debris cleared off the road ways.

Councilman Bernard Kolber

  • Before dissolving the Restricted Hunting and Discharge of Firearms Committee, Councilman Kolber will contact each committee member. Councilman Kolber will also look into dissolving the Meeting House Board. Supervisor Hallock would like this done before the end of the year.

Councilman Patrick Casilio

  • Councilman Casilio informed the Senior Center of their budget and they were in agreement with the reduction. Councilman Casilio also informed them that the town is looking into a feasibility study for a Community Center. He further advised them that it was not just for the youth but for the seniors as well.
  • Senior citizens need the Senior Center everyday and they really need it in times of disaster. There were some complaints that the Senior Center was not open during the storm when in fact the Senior Center was open to provide shelter however, the phone system was down. Councilman Casilio advised the Senior Center Board to get a manual telephone or cell phone for backup. Area Director of Civil Defense David Bissonette is looking at a portable generator to power up the Senior Center in the event of power failure. The possibility of a FEMA grant is also being researched.
  • The Senior Center is requesting a candidate for their vacant board seat, preferably an attorney – this is a volunteer position.
  • Councilman Casilio has been meeting with labor management and it appears to be going well.
  • The Traffic Safety Board is constantly receiving requests for stop signs and speed limits. Highway Superintendent Ted Donner is going to be doing some traffic studies beginning with Meadow Lakes. There have also been several requests for a 4-way stop at Greiner and Thompson Road.
  • Now that the gates are down on the West Shore Line, Parks Security is patrolling every night. The gates will go back up over the bridge for the winter months.
  • Councilman Casilio has met with one video camera Company and has a meeting scheduled with a second camera company on Monday. Cost figures should be available in the near future.
  • Three light poles were destroyed during the October 13th storm including a new aluminum one in the Harris Hill area. Councilman Casilio would like to replace them with poles that are similar to the ones that are currently in the neighborhood. Councilman Casilio will work with FEMA to see if they would be covered.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to enter into Executive Session pursuant to § 105(1) F the employment history of an individual. Section 105(1) D Pending litigation (Marinaccio vs. Town of Clarence, Hamlet of Clarence-Essex vs. Town of Clarence, Cimato vs. Erie County Water Authority and Town of Clarence and Walter Floss vs. Zoning Board of Appeals). § 105(1)H the proposed sale of real estate (Green Valley Drive), proposed acquisition of real estate (adjoining property on Goodrich Road), proposed lease of real property (Youth Department) and one attorney – client item to discuss. Upon roll call - Ayes: All; Noes: None. Motion carried.

There being no further business, the Work Session adjourned at 7:10 P.M.

Darcy A. Snyder
Deputy Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to recess the Executive Session until after the Town Board meeting. Upon roll call - Ayes: All, Noes: None. Motion carried.


Regular meeting of the Town Board of the Town of Clarence was held Wednesday, November 15, 2006 at the Clarence Town Hall, One Town Place, Clarence, New York.

Supervisor Kathleen Hallock called the meeting to order at 7:35 P.M. Pledge to the flag was led by Councilman Patrick Casilio, followed by a prayer read by Supervisor Hallock.

Members of the Town Board present were Councilmembers Scott Bylewski, Joseph Weiss, Bernard Kolber, Patrick Casilio and Supervisor Hallock. Other Town officials present were Director of Community Development James Callahan, Town Attorney Steven Bengart, Town Engineer Joseph Latona, Asst. Director of Community Development James Hartz, Building Inspector David Metzger, and Planning Board Chairperson Patricia Powers.

.Motion by Councilman Bylewski, seconded by Councilman Casilio to approve the minutes of the previous meeting held October 11, 2006 as received. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to approve the minutes of the previous meeting held October 25, 2006. On the question, Supervisor Hallock had a correction on page 398 - Rapids Vol. Fire Company is requesting ... an increase of 15%. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Casilio to table the minutes of the previous meeting held November 1, 2006 as they were not available for review. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Casilio to approve a Special Event Request from Kevin Patterson on behalf of Miles with Missions for Wednesday, August 1, 2007 at 6:00 P.M. The event will include a 5K race, a 5K walk and a one mile kids run. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Weiss to grant approval for a transfer of funds in the General Fund as follows: $2,446 from A 7310.435 Special Programs to A 7310.1 Personal Services. On the question, Supervisor Hallock said these accounts are in the Youth Department budget. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Kolber to authorize a Special Event for Saturn of Clarence from November 16, 2006 to February 28, 2007 for storage of 150 vehicles at the southeastern corner of the Eastern Hills Mall parking lot. On the question, Councilman Kolber said this is for temporary storage. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adopt the following resolution:
          A regular meeting of the Clarence Town Board (the "Board") was convened on November 15, 2006 at 7:30 p.m. (prevailing time).

The following resolution was duly offered and seconded, to wit:

RESOLUTION AUTHORIZING THE TOWN OF CLARENCE TO COMMENCE THE PROCESS OF ACQUIRING CERTAIN REAL PROPERTY OWNED BY RICHARD T. JANORA, LOCATED AT 5430 OLD GOODRICH ROAD, TOWN OF CLARENCE, ERIE COUNTY, NEW YORK, CONSISTING PRINCIPALLY OF APPROXIMATELY NINETEEN (19+/-) ACRES OF VACANT AND UNINBABITED LAND CURRENTLY OWNED BY RICHARD T. JANORA; THE TOWN TO ACQUIRE SUCH PROPERTY THROUGH THE EXERCISE OF ITS EMINENT DOMAIN POWERS IF NECESSARY.

WHEREAS, the Town of Clarence, Erie County, New York (the "Town") is a municipal corporation duly established and validly existing under the constitution and laws of the State of New York; and
          WHEREAS, the Town desires to assist in the development of a certain parcel of real property, located at 5430 Old Goodrich Road in the Town of Clarence (the "Site" – tax map parcels 58.14-1-14.2 and 58-14-1-13), consisting principally of approximately nineteen (19+/-) acres of vacant and uninhabited land currently owned by Richard T. Janora (the "Owner") – such redevelopment is more fully described and contained in the Town Master Plan approved on or about August 8, 2001 and Greenprint Plan approved on or about November 5, 2002; and
          WHEREAS, in order to complete the Acquisition and development of the Site , it may be necessary for the Town to exercise its power of eminent domain if a good faith purchase offer is rejected; and
          WHEREAS, the Site is valuable as open space and as a location for development for public use, benefit, or purpose and is presently susceptible to development that is not in accordance with the Master Plan and Greenprint Plan; and
          WHEREAS, the Site is the only parcel in the Town of suitable size and location for development as open space parkland in conjunction with the anticipated future expansion of the town campus, which campus shall include, but not be limited to Town community buildings, a Courthouse and/or such other Town buildings as may be necessary for the proper operation and growth of the Town; and
          WHEREAS, no alternative locations exists in the Town or are being considered for the acquisition; and
          WHEREAS, the acquisition of this land for the purposes stated is in conformance with the Town's Master Plan and Greenprint Plan, and which serves the public use, benefit, or purpose; and
          WHEREAS, the Board desires to adopt a resolution authorizing the appropriate parties to make a good faith written offer for the purchase of the Site and, if such offer is rejected, commence condemnation proceedings in compliance with the New York State Eminent Domain [procedure :aw (the "EDPL:")]; and
          WHEREAS, the Board desires to adopt a resolution authorizing the commencement of all steps necessary for the acquisition of the Site, including, if a good faith purchase offer is rejected, the institution of a condemnation proceeding.
          NOW, THEREFORE, BE IT
          RESOLVED, by the Clarence Town Board as follows:
          Section 1. The Board hereby authorizes the appropriate officers, employees and agents of the Town (including local and transaction counsel) to make a good faith written offer for the purchase of the Site at a purchase price not to exceed just compensation (the "Purchase Offer").
          Section 2. If the Purchase Offer is rejected or if the Owner otherwise refuses to transfer title to the Site, the officers, employees and agents of the Town (including local and transaction counsel) are hereby authorized to commence proceedings under the EDPL including the scheduling (and publishing of notice) of a public hearing to be held at a date, time and place to be determined to consider proceeding with the condemnation of the Site in connection with the Acquisition (the "Public Hearing").
          Section 3. At any such Public Hearing, all interested parties shall be invited to attend the Public Hearing and be afforded an opportunity to comment on the Acquisition and the proposed condemnation. Persons who are unable to attend any Public Hearing, or persons in attendance, may submit to the Board any written comments or other related documents regarding the proposed condemnation and the Acquisition. Any comments and related documents will be brought to the attention of the Board and will become part of the official public hearing record. Written comments can be sent to Nancy C. Metzger, Town Clerk, One Town Place, Clarence, New York 14031.
          Section 4. The Town Clerk shall post a certified copy of this Resolution in compliance with the applicable provisions of the New York State Town Law.
          Section 5. The Board hereby understands and agrees that the Acquisition and any necessary condemnation proceeding shall not commence until such time as local and special transaction counsel to the Town shall have advised the Board that the Purchase Offer has been rejected and that all removal steps for the amicable disposition of the Site without condemnation have been taken.
          Section 6. The officers, employees and agents of the Town (including local and special transaction counsel to the Town) are hereby authorized and directed for and in the name and on behalf of the Town to do all acts and things required and to execute and deliver all certificates, instruments and documents, to pay all fees, charges and expenses and to do all further acts and things as may be necessary or, on the opinion of the officer, employee or agent of the Town, desirable and proper to effectuate the purposes of the foregoing resolutions and to cause compliance by the Town with all of the terms, covenants and provisions of any documents executed for and on behalf of the Town for the purposes of effectuating any of the foregoing.
          Section 7. These resolutions shall take effect immediately.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Supervisor Hallock announced, in regard to the storm, that the State of Emergency was lifted at 5:00 P.M. on Tuesday, November 7, 2006.
          The bike paths are all open. All of the Town parks are open except for the Main Street Park and the Nature Center due to hanging tree limbs and fallen trees. Park Pavilions and bathrooms are now closed for the season.
          The Highway Department will continue to pick up tree branches and leaves until December 1st. If any still remain, they ask that you not to put them out to the road until spring clean-up begins. An outside contractor is trimming hanging limbs in the Town rights-of-way. If you have any questions on the tree cleanup or trimming, call the Highway Department at 741-3210.

Supervisor Hallock announced that the 2007 Organizational Meeting will take place on January 3, 2007 and the second meeting of the month will be on January 17. The 2007 schedule of Board meetings will be announced at the Organizational Meeting.

Supervisor Hallock announced that there is an opening on the Senior Center Board due to a resignation, with term to expire on December 31, 2008.

Councilman Bylewski said he has spoken with Sharon Hansen from Time Warner and every area of Clarence has been visited. There are still some areas with low hanging cable, but their system does not indicate that anyone is without cable. They are scheduled to fix the low hanging cables over the next few days.
          If anyone is without cable, they should contact him as soon as possible.
          Councilman Bylewski said every once in a while we hear from seniors that they are told by the cable company that they no longer offer senior discounts or it is according to income. Time Warner is honoring our franchise agreement which states that any subscriber 65 or older, who is the principal resident of the household, is entitled to 10% discount on Basic Cable, including installation.

Councilman Bylewski said the single family building statistics for October 2006 were 2 building permits issued in subdivisions and 8 outside bringing the year-to-date to 62 inside subdivisions and 45 outside. The year-to-date total for 2006 is 107 permits issued. By way of comparison, there were 109 permits issued through October 2005 and 156 through October 2004.

Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law and upon recommendation by the TEQR Committee, a Negative Declaration is issued on the proposed amendments to Master Plan 2015 related to adoption of an Adequate Public Facilities Local Law. This Type I Action involves implementing amendments to the Town's Master Plan 2015 to continue with the adoption process of an Adequate Public Facilities Local Law. After thorough review of the proposed amendments and corresponding Environmental Assessment Form by the TEQR Committee, Planning Board and Town Board, it is determined that the proposed Master Plan 2015 amendments are considered minor and will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law and upon recommendation by the TEQR Committee, a Negative Declaration is issued on the adoption of the proposed Parks and Recreation Master Plan. This Unlisted Action involved the adoption of a comprehensive parks and recreation master plan. After thorough review of the developed plan and the corresponding Environmental Assessment Form by the TEQR Committee, Planning Board and Town Board, it is determined that the proposed parks and recreation master plan will not have a significant impact upon the environment. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law and upon recommendation by the TEQR Committee, a Negative Declaration is issued on the proposed Historic Preservation Law. This Unlisted Action involves the adoption of a local law to preserve historic structures/landmarks within the community. After thorough review of the proposed law and the developed Environmental Assessment Form by the TEQR Committee and the Town Board, it is determined that adoption of the proposed law will not have a significant impact upon the environment. On the question, Councilman Bylewski said this is an item of controversy and the TEQR Committee was divided in their vote of 5 to 2. There is a lot of work to be done on this law. It has been discussed to hold multiple public hearings with the owners of the properties that may be affected by such a law. James Callahan added that it is important to notify the potentially impacted property owners to get them involved in the process. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law and upon recommendation by the TEQR Committee, the Town Board seeks Lead Agency status and commences a coordinated review of involved agencies on the proposed amendments to the Town of Clarence Zoning Law. This Type I Action involves the adoption of amendments to the Town of Clarence Zoning Law. On the question, Councilman Bylewski said he understands that a lot of the amendments are for clarification purposes. James Callahan said all of the proposed changes are in conformance with the Master Plan. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that pursuant to Article 8 of the Environmental Conservation Law and upon recommendation by the TEQR Committee, the Town Board Finalizes the Scope on the proposed Spaulding Greens Subdivision. After conducting a public scoping session and accepting written comments for 30+ days, the TEQR Committee is recommending that the scope as developed be finalized. These additional items shall be incorporated into the scope in the appropriate sections to guide the development of a Supplemental Environmental Impact Statement: compliance with Master Plan; impacts on infrastructure/facilities including schools, fire flows, parks; impacts on community character; stream/creek corridor impacts and protections; arboretum compatibility; water quality and quantity impacts; and traffic, including special attention to the following intersections: Goodrich/Greiner, Main/Goodrich, Thompson/Greiner, Roll/Goodrich and Clarence Center/Goodrich. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to appoint the following as members of the Youth Advisory Council with terms to expire 12/31/06: Susan A. Smerda and Pamelann Distefano. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to adopt the following resolution:
          WHEREAS, the Town of Clarence wishes to investigate the most efficient and effective provision of future sanitary sewer service of the residents of the Town; and
          WHEREAS, the most efficient and effective provision of future sanitary sewer services may require a merger of sewer services between the Town of Clarence and other local sewer service providers; and
          WHEREAS, the Town of Clarence and other local service providers determined that the complexity associated with evaluating the potential merger of sewer services requires retaining a consulting firm with the requisite experience and skills to complete the analyses; and
          WHEREAS, representatives from the Town of Clarence, Town of Amherst, Village of Williamsville, and the Erie County Department of Environment and Planning evaluated qualification packages and selected CRA Infrastructure and Engineering, Inc. to perform a "Sewer Rate Comparison and Merger Feasibility Study"; and
          WHEREAS, the Erie County Department of Environment and Planning and other local sanitary sewer service providers have agreed to finance and manage the project on behalf of the Town; and
          WHEREAS, the Erie County Department of Environment and Planning has submitted a grant application to the New York Department of State through the Shared Municipal Services Incentive grant program with the Town listed as a co-applicant; and
          WHEREAS, the Erie County Department of Environment and Planning has requested formal support of the Shared Municipal Services Incentive grant application; and
          WHEREAS, the Board for the Town of Clarence supports the concept of evaluating the potential mergers to ensure that the residents of the Town receive the most efficient and effective provisions for future sanitary sewer service.
          NOW, THEREFORE, BE IT
          RESOLVED, that the Board and Supervisor for the Town of Clarence direct all necessary Town employees to assist the Erie County Department of Environment and Planning and CRA Infrastructure and Engineering, Inc. in the study of the potential sewer service mergers; and be it further
          RESOLVED, that the Erie County Department of Environment and Planning and CRA Infrastructure and Engineering, Inc. be granted access to Town public records necessary for the completion of the study of the potential sewer service mergers; and be it further
          RESOLVED, that the Town Engineer be listed as the primary contact on behalf of the Town as a co-applicant for the Shared Municipal Services Incentive grant application submitted by the Erie County Department of Environment and Planning for the study of the potential sewer mergers; and be it further
          RESOLVED, that the Erie County Department of Environment and Planning be directed to provide a copy of the final report for the merger analysis to the Town Board and Supervisor for review; and be it further
          RESOLVED, that the Town Clerk be directed to send certified copies of this resolution to Thomas J. Whetham, Deputy Commissioner, Erie County Department of Environment and Planning and the Erie County Sewer District No. 5 Board of Managers.
          On the question, Councilman Weiss said in no way does this involve us in any contracts. It is just for a study.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to request that Erie County Water Authority installs two fire hydrants on Salt Road, north of Greiner Road toward 5480 Salt Road. The Town of Clarence will be responsible for appropriate rental fees. On the question, Councilman Weiss said this has to do with additional fire hydrants for safety in the event of fire. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Kolber to approve the following transfers of funds for the Highway Department: $25,000 from 002.5110.0413 Road Account to 002.5110.0416 Fuel Account; $50,000 from 002.5142.0100 Personal Services Snow Removal to 002.5130.0100 Mechanics Personal Services Account. These transfers are due to extended shifts caused by the October 13, 2006 storm. On the question, Councilman Kolber asked if we would be reimbursed by FEMA for these costs. Supervisor Hallock said she certainly hopes so. Upon roll call – Ayes: All; Noes: None. Motion carried.

Councilman Weiss said the Highway Department will continue to pick the debris up through December 1, 2006. They will then begin cleaning out the creeks weather permitting.

Councilman Weiss said a decision was made to stock the ponds with bass, instead of trout because of the cost. However, we will continue to stock trout in the spring.

Councilman Weiss said previously a young man came in and requested a skate park in the Town. He has spent time with Youth Director Dawn Kinney researching skate parks in other towns. Since that time, they feel that interest has fallen. They have decided to wait and see what comes in with the youth and family needs surveys.

Councilman Casilio said he had a discussion with the Senior Center Board about working on their own disaster plan. They also discussed the possibility of using the senior center as an emergency shelter in the future. He also said we may be looking for a volunteer base from the senior center to man the shelter in times of need.

Councilman Casilio said the Town Board is holding a meeting on Monday, November 20, 2006 at 5:30 P.M. to discuss bike path safety. They invited representatives from the Erie County Sheriff's Department, New York State Police, Dave Doman who polices the bike paths during the day and Joe Meachum, our Chief Park Security Officer.

Councilman Casilio said there will be a post-storm disaster meeting on November 16th to discuss what we did right and wrong during the storm. He feels we did a pretty good job. We were not on the radio every day, but our Supervisor worked very hard trying to take care of our citizens, along with Disaster Coordinator David Bissonette and Highway Supt. Ted Donner.
          Councilman Bylewski added that it was not for the Supervisor's lack of trying to get the information out there. The media outlets were not affording us the opportunity to get the news out there. Councilman Casilio said she did interviews that never ended up on the air.

Councilman Casilio said he has already met with two contractors regarding the video surveillance equipment. He will be bringing back pricing and suggestions to the Town to consider for implementation.

Councilman Bylewski said given that we are staring to look at items for the organizational meeting, he would like residents to know that if they are interested in serving on a board or committee to get their applications in. He asked the Bee to put something in the paper to that affect.

Town Clerk Nancy Metzger received a communication from the Clarence-Newstead Fire Chiefs Association requesting consideration of adding an additional traffic device at the corner of Roll Road and Thompson Road. They feel it would improve the intersection by having a 4-way stop. A copy will be forwarded to the Traffic Safety Board and the Highway Department.
          Councilman Casilio said he believes it would carry more weight with Erie County if the request was presented by our Highway Superintendent.

Public Participation

Debbie Popp and Jamie Popp were present to speak in regard to item 19. Debbie Popp said they had a few questions they would like to ask regarding the construction including hours of construction, hours of operation and will they coincide with current building, how bright would the lighting be, where will snow be placed, is there a traffic study report addressing the impact on current traffic, is there an environmental report addressing traffic emissions, will they be open on holidays, visual of proposed building and landscaping, if construction goes longer than supposed to, will it be addressed, will there be construction on holidays and weekends, how will construction vehicles access the site, how will construction material be secured, and will there be notification to the adjacent residents of extreme noise levels in a timely manner.
          Debbie Popp said she brought up the issue of the buffer at the Planning Board meeting and they asked her to submit a photograph of what she was talking about. Mrs. Popp submitted a photograph for the record.

Melissa Thore, 8070 Stahley Rd. said in regard to item 17 for the expansion of St. Mary's Church, she would like the Town Board to consider the following items:
          Traffic impact on to Stahley Road – Road is a narrow residential road with very narrow shoulders. It is a thoroughfare between Transit Road and County Road each of which, have stop signs. Traffic is already backing up past the bend. The new driveway is proposed for that area.
          Parking – Feels that the project is short of parking spaces.
          Traditional Neighborhood Zoning – The desire of the Master Plan is to maintain that character.
          Drainage/Erie County Sewer District No. 5 – Wetland area next to her home is tested every year for West Nile virus. Construction will put significant taxation onto the wetland areas.
          Ms. Thore said she does not think it is a pretty church that fits in well with the Traditional Neighborhood.

Kathleen Daigler, 8055 Stahley Road said in regard to item 17 for St. Mary's Church, the Board considers not allowing the road to come out at the curve on Stahley Road. They also own property that could be used closer to County Road. The fence business at the corner of Stahley and Transit is encroaching into Stahley Road or the church parking lot. The residents here tonight are most concerned with the traffic safety issues. They would like to see a study done on the area.

Rebecca Brennan, 8050 Stahley Rd. said in regard to item 17, she would like to reiterate the traffic concerns and request that a traffic study be done.
          Many of the homes in that area are from the 1800's, and a very important characteristic of the hamlet. She would like to see the church build something with that in mind that would blend in with the neighborhood.

Rick Newton, 8040 Stahley Rd. said it is a wonderful area. He understands the need for more room at the church. He and his wife are concerned about traffic safety and the architecture. They hope the Town Board will look at those issues very seriously to protect the interests of everyone involved.

A Public Hearing was held to consider a Local Law amending Chapter 67 Building Construction and Fire Prevention of the Code of the Town of Clarence.
          David Metzger, Sr. Code Enforcement Officer said this section of the law deals with administration and enforcement of the New York State Building Construction and Fire Prevention Code. Most of the activities in this law are being done now. This gives us the proper legal back up.
          There are also new sections in the law being dictated by the State for operating permits for places of public assembly.
          Mr. Metzger said this is Draft 4 of the document. He has worked with the Town Attorney and they have agreed that it requires a little more work to make it a more workable document. It is based on the requirements of New York State. Another new section includes the requirement of key security boxes on the outside of commercial buildings.
          Supervisor Hallock said this is a work in progress and welcomed any comments.
          Town Attorney Steven Bengart said there will be additional changes and another public hearing will be required.
          With no one else speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Supervisor Hallock stated that there will be no action on this local law at this time.

A Public Hearing was held to consider the request for a Temporary Conditional Permit for outside dining at Jim's Steakout at 5651 Transit Road. James Callahan said the location is on Transit Road, north of Roll Road consisting of an existing restaurant in the Major Arterial Zone. There has been outside dining at this facility in the past, but it is now under new ownership
          With no one speaking to the subject, motion was made by Councilman Casilio, seconded by Councilman Kolber to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adjourn consideration of the request for a Temporary Conditional Permit for outside dining at Jim's Steakout at 5651 Transit Road until the applicant can be available. Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider a Local Law amending the Code of the Town of Clarence Chapter 193 Subdivision of Land. Town Engineer Joseph Latona said this has to do specifically with Open Developments and fire protection. The law states that in lieu of a fire hydrant, a sprinkler system may be installed in a house. The current State Code prohibits a sprinkler system for that type of protection and only requires that a fire hydrant be installed within 600 ft. The amendment is to strike the use of a sprinkler system in lieu of a fire hydrant from our Code.
          Supervisor Hallock said this brings us into compliance with the New York State law.
          With no one speaking to the subject, motion was made by Supervisor Hallock, seconded by Councilman Bylewski to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          Resolved, that after a public hearing duly held on November 15, 2006, and after all interested parties being heard, the Clarence Town Board adopts Local Law No. 5 of the year 2006, amending the Code of the Town of Clarence, Chapter 193 – Subdivision of Land, Section 193-32, deleting subsection [F](3). This local law shall take effect immediately upon filing same with the Office of the New York State Secretary of State.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

A Public Hearing was held to consider the request for a Special Exception Use Permit for an automotive tinting operation at 4125 Transit Road. James Callahan said the location is an existing commercial building in front of Toys-R-Us in the Major Arterial Zone.
          The applicant was not available.
          With no one speaking to the subject, motion was made by Councilman Kolber, seconded by Supervisor Hallock to close the Public Hearing. Upon roll call – Ayes: All; Noes: None. Motion carried.
          Motion by Councilman Bylewski, seconded by Councilman Casilio to table the request for a Special Exception Use Permit for an automotive tinting operation at 4125 Transit Road until the applicant is available. Upon roll call – Ayes: All; Noes: None. Motion carried.

Greatbatch Inc./Rock Oak request Concept Approval for a Site Master Plan and removal of covenants for future development at 10000 Wehrle Drive. James Callahan said the property is located on the north side of Wehrle Drive, west of Shisler Road consisting of 300+ acres zoned Industrial Business Park. The deed restriction remains in force limiting the future development of the property. The deed restriction was approved by the Town Board as part of the original rezoning of the property in October 1973. The applicant is seeking to have the restriction lifted.
          Town Attorney Steven Bengart said the applicant was here earlier and he advised them that we would be setting a public hearing.
          Curtis Cashmore is present.
          Motion by Councilman Weiss, seconded by Councilman Bylewski to set a Public Hearing for December, 6, 2006 at 7:45 p.m. to consider the removal of Restrictive Covenants for future development at 10000 Wehrle Drive.
          On the question, Councilman Bylewski said he contacted representatives of Mr. Greatbatch who indicated that this transaction does have his blessing.
          Councilman Casilio said he has a business relationship with Wilson Greatbatch Ltd., so he will not be voting.
          Councilman Kolber said he has concerns because of the limited space in the Town for industrial uses. This would not change the zoning of the property, but it would open the door to change things on a large track of land. If there was a proposed project, it would be more prudent to look at than a blanket lifting of a covenant.
          Councilman Bylewski said zoning laws have changed quite a bit from the 1970's to be more restrictive.
          Upon roll call – Ayes: Councilman Bylewski and Supervisor Hallock; Noes. Councilmembers Kolber and Weiss. Recuse: Councilman Casilio. Motion lost.

Barry Dulniak requests a Change-In-Use from vacant to indoor entertainment center at 4401 Bryant & Stratton Way. James Callahan said the property consists of a vacant structure in the Commercial Zone.
          Barry Dulniak said the entertainment center would have mostly bounce houses for children's birthday parties. They would also have a general admission for children to come in to play.
          Councilman Casilio said he is part owner of the building, so will recuse from any discussion or voting on this item.
          James Callahan said it is an existing structure with adequate parking.
          Mr. Dulniak said hours of operation would be 11am to 8pm when school is not in session. During school it would be open 4pm to 8 or 9pm. He does not anticipate any outdoor noise. In the future, with the Town's approval, he may want to put miniature golf in the fenced area. There will be no changes to the faηade. He is hoping to be open by the first of the year.
          Motion by Supervisor Hallock, seconded by Councilman Bylewski to grant a Change-In-Use from vacant to indoor entertainment center at 4401 Bryant & Stratton Way as described. Upon roll call – Ayes: Councilmembers Kolber, Weiss, Bylewski and Supervisor Hallock; Noes: None. Recuse: Councilman Casilio. Motion carried.

St. Mary's Church requests Concept Review of a proposed new worship hall at 6925 Transit Road. James Callahan said the property is located within the Swormville Traditional Neighborhood District.
          Father Yetter was present, along with Ken Pearl, Co-Chair of the Building Committee. Father Yetter said their history goes back to 1837. The building of the current parish began in 1863 and was completed in 1866. It will remain as a church on the property. They have made additions through the years to meet their growing needs.
          Ken Pearl said they have been working for the last few years to determine what they will need for the future and the costs associated with that. It has now become a committed project and they have retained an architect from Virginia who specializes in churches. In addition to the concerns identified by the neighbors, they have also identified some concerns of their own. Committees have been formed and they anticipate a lengthy process ahead.
          Councilman Weiss said he is also concerned with the architecture not fitting into the neighborhood and the traffic issues.
          Councilman Bylewski said the items that came up under public participation will be addressed in the review process including traffic flows and parking on and off the site.
          Supervisor Hallock said this being in a Traditional Neighborhood District; the Board would attempt to have the building fit in with the character of the neighborhood.
          Ken Pearl said the concerns mentioned are inside the church as well.
          Councilman Casilio said it may help for residents to also put their comments in writing. Many of the questions will be reviewed by the Planning Board as part of the process.
          Councilman Bylewski said he would like the Planning Board to also look at the architectural style and design in the Traditional Neighborhood District.
          Father Yetter said the architect toured the area and took pictures a year ago. They incorporated the cupola from the Lapp house on Transit Road.
          Councilman Casilio asked if they were able to purchase the property next to them on Transit Road. Father Yetter said it was offered to them in 1995 for $250,000 for two acres. The Bishop did not give him permission to buy it then and now it is at $550,000.
          Ken Pearl said they are co-owners with the Diocese of Buffalo and they do not have approval for architectural and engineering contracts as yet. They are eager to get their design teams to work on some of the issues.
          Motion by Councilman Kolber, seconded by Councilman Casilio to refer the request by St. Mary's Church for Concept Review of a proposed new worship hall at 6925 Transit Road to the Planning Board for a thorough review including the issues of traffic, traffic safety and architecture. On the question, Councilman Bylewski said this is merely a referral of the project for further review and study. It will have to come back to the Town Board for approval. Upon roll call – Ayes: All; Noes: None. Motion carried.

Drakes Lawn and Garden requests a Building Permit and Architectural Approval for construction of an additional steel building at 9570 County Road. James Callahan said the property is on the north side of County, east of Goodrich consisting of approximately 4 acres in the Industrial Business Park Zone. The applicant is making the request for additional storage.
          Douglas Klotzbach, Architect is representing the applicants Tom and Judy Drake. The proposed space is approximately 5,000 sq. ft. for additional cold storage. Two additional fences are included for security purposes. They will be using the same type of building that currently exists.
          Motion by Councilman Bylewski, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that the Clarence Town Board grants a Building Permit and Architectural Approval to the applicant, Drake's Lawn & Garden, for construction of an additional steel building at 9570 County Road, per the submitted plans and drawings subject to Commercial Open Space Fees.
          Upon roll call – Ayes: All; Noes: None. Motion carried.

Dr. Bloom requests Development Plan Approval for a proposed second medical office building at 9095 Main Street. James Callahan said the location is the south side of Main Street, west of Barton Road consisting of approximately 2 acres in the Commercial Zone. The Planning Board has forwarded a recommendation with conditions.
          John Garas, Attorney is representing the project sponsor. The proposed building is approximately 3,800 sq. ft. to be used as a medical office building to the south of the existing building.
          Mr. Garas said they understand that there were issues brought up earlier. He addressed them as follows:
          Hours of construction – normal business hours, Monday through Friday with occasional Saturday and no Sundays from 8am to 5pm. Supervisor Hallock said they do ask that no construction begin prior to 7am.
          Hours of operation – normal business hours; it is a satellite office for a surgeon doing noninvasive procedures. They anticipate 6 to 10 patients per day. Do not anticipate night hours on a regular basis.
          Lighting in parking lot – current lighting has been shielded; lighting on existing building has been reduced to 40 watts. The decorative lighting on the new building will be security lighting only over door entrances and corners. No light will leave the site.
          Councilman Bylewski asked if there was any thought given to motion censored lighting. Mr. Garas said it is not optimal for security purposes. There have been break-ins at the current building.
          Councilman Kolber said the problem goes back to the original layout on the site in the close proximity to a residential neighborhood.
          Mr. Garas said this property has been zoned commercial forever. They have done everything they can to satisfy the adjacent neighborhood. There has been only one neighbor making complaints.
          Plowing snow – plenty of room on the site for snow plowing and storage.
          Traffic Study – there was no study required.
          Environmental Study on Traffic emissions – no study was required. Project received a Negative Declaration.
          Hours coincide with current building – generally yes.
          Open Holidays – not on major holidays.
          Visual of proposed building – The new building will be exactly like the existing building, slightly smaller.
          Landscape Plan – not a color picture; satisfies the planning requirements.
          Construction hours violations – will they be addressed. They will be attempting to get the building built in a timely manner. No holidays, maybe an occasional Saturday. The goal is to get the exterior of the building done within a month.
          Construction vehicles – access from Main Street is the only access.
          Security of construction materials – it is private property. Materials will be handled like any other construction site. It is not an attractive nuisance.
          Notification to residents of excessive noise – the building is being built on a slab; exterior construction should take about a month. This is a masonry building. There may be power hammers when they put the roof on the building. They do not intend to notify.
          Councilman Weiss suggested that they be cognizant of the deer when planning the landscaping.
          Councilman Bylewski said they do not expect much more traffic to the site at this time.
          Councilman Kolber said the majority of the parking is to the rear of the site. He wondered why they did not put the building further back and the parking in between. Mr. Garas said there may be crossing of patients between buildings. There is an abundance of parking as required by the code.
          Councilman Kolber asked how would Dr. Bloom want them to address the issues if he was living on the adjacent street. Mr. Garas said the main concerns expressed by neighbors are construction activities and lighting. Construction activities include noise. The lighting on the building is going to be far less intrusive than the code permits. They are trying to strike a balance. They meet or exceed all of the requirements. James Callahan said they did increase the landscaping.
          Supervisor Hallock said she believes that these issues were addressed at the Planning Board and zoning level.
          Motion by Supervisor Hallock, seconded by Councilman Weiss to adopt the following resolution:
          RESOLVED, that the Clarence Town Board grants Development Plan and Architectural Approval to the applicant, Dr. Bloom, for the proposed second medical office building at 9095 Main Street with the following conditions: 1. Conditions of the Town Engineer. 2. No decorative or parking lot night lighting, only security lighting after 11:00 P.M. 3. Reduced wattage lighting plan to create consistency with the lighting at the existing facility. 4. Landscape plan per approved plan. 5. Commercial open space fees.
          On the question, Councilman Kolber said he is not voting in favor of this project. He does not mind the building, but does not feel that Dr. Bloom has done enough to protect the neighbors.
          Councilman Weiss said if something is done according to regulations, he is certainly in favor of adding commercial projects in commercial areas.
          Mr. Garas said condition 2 says no decorative night lighting. He does not believe that is what the Planning Board approved.
          Planning Board Chairperson Patricia Powers said it was to be no decorative lighting at night, just security lighting.
          Supervisor Hallock amended her motion to reflect no decorative night lighting. Councilman Weiss amended his second.
          Upon roll call – Ayes: Councilmembers Casilio, Weiss, Bylewski and Supervisor Hallock; Noes: Councilman Kolber. Motion carried.

Motion by Councilman Weiss, seconded by Councilman Bylewski to grant approval for the following: Clubhouse Applications - A. Clarence Women's Club – 1st Monday each month of 2007; May 1 & 2, 2007; B. Clarence Garden Club – 3rd Wednesday each month of 2007; May 16; May 17 – 19, 2007; Legion Hall Applications – A. Carol Penhollow – Nov. 19, 2006; B. Theresa Vogel – Dec. 1, 2006; C. Jason Holden – Dec. 10, 2006. Upon roll call – Ayes: All; Noes: None. Motion carried.

Motion by Councilman Bylewski, seconded by Councilman Weiss that after proper audit and review by the Town Board, the following bills of November 16, 2006 are approved for payment: General Fund - $821,770.90; Highway Fund - $28,094.60; Water District - $36,363.13; Sewer Districts - $248.77; Capital Fund - $117,255.50; and Trust & Agency 203 - $50.00 for a total of $1,003,782.90. Upon roll call – Ayes: All; Noes: None. Motion carried.

"For the Good of the Town"

Councilman Weiss wished everyone a Happy Thanksgiving.

Joan Matheis, 8310 Stahley Road said she is without cable. The big trucks have pulled the line down twice in the last few weeks. She has called Time Warner to report it.

There being no further business, Supervisor Hallock said the Town Board will reconvene to Executive Session with the regular meeting ending at 9:30 P.M. in remembrance of all veterans.

Nancy C. Metzger
Town Clerk

Motion by Supervisor Hallock, seconded by Councilman Bylewski to adjourn the Executive Session at 9:55 P.M. with no action taken. Upon roll call – Ayes: All; Noes: None. Motion carried.